UK Birth Certificate - complicated!(23 Posts)
Can anyone shed any light on this please?
So. These are the pertinent points.
1. Child was born abroad, to one UK parent and one non UK parent
2. Child has UK birth certificate
3. the non UK parent has now changed nationality from the one mentioned on birth certificate
4. all documents relevant to the parents which reflected nationalities have been amended, i.e. Wills, passports, visas, driving licenses, etc etc.
5. the only document which reflects parent's previous nationality is the child's birth certificate
I assumed that we would be able to provide the documentation to the british consulate and that they would update the new nationality on the birth certificate so that everything is in order with all other documentation.
However, the consulate said this would never be entertained.
Has anyone been in a similar situation and retrospectively done this? I'm only double checking as sometimes the information given out is not correct by some consulates abroad! I'm also worried that later in life we'll have problems as there will be no trace of the previous nationality on the birth certificate except on this document.
My understanding is that birth certificates in the uk are very very rarely replaced. An addendum certificate can be attached, showing updating information, but the bc is a register of the correct information at the time of birth, not necessarily when it is being viewed.
Has the non UK parent given up their original nationality or just gained another?
The Non UK parent has had that passport completely cancelled, completely changed nationality to the new one. So absolutely everything is in the new nationality, I just worry that later down the line someone will question the birth certificate as there will be no record of that nationality anywhere else. It will just unnecessarily complicate things, I worry particularly about DC's own children later in life as depending on the country those children are born in, it could potentially impact which nationality the children would have?!
My understanding is that you're right, it could have implications, but essentially the non UK parent changed nationalities too late. UK birth certificates are very, very rarely changed and this wouldn't be a circumstance that is covered.
With regard to the child, do they already have a uk passport?
If the non UK parent has changed their nationality, then surely they have documents which relate to this change of nationality? So: relating to renouncing one nationality and/or to being granted the new one?
For the UK such documents would be needed, not necessarily for the child, but for visas etc. For the adult.
I think a birth certificate shows a snapshot in time. Therefore your dc was born to 2 parents of different nationalities. It doesn't take into account any change of nationality since then.
Ivy - yes already a UK passport, however born outside the UK so this has implications on DC's children's nationality - if they are born outside the UK as well.
Thanks for all the replies, very helpful.
The passport is the document I could forsee problems obtaining later if the child didn't have one and the one parent has a different nationality from the passport.
What documents do you see in the future as being an issue obtaing?
Only children born in uk have uk birth certificates. The document you believe is a birth certificate is not. It is a registration document of a British citizen born outside the uk recorded by a british consulate.
Ivy, I am not sure what problems I forsee.
Life, we applied for the "full" birth certificate so it is, a birth certificate and not the "short" version which is the standard certificate supplied.
What nationalities are involved and how might it impact on your kids in future? I cant see them changing it but it wont really matter either.
Is it a consular birth registration you have?
I didn't k ow you could get a British birth certificate if you weren't born here. Passport, yes as if you have a British parent then you are a British citizen.
I thought only births within UK could have a British birth certificate. Even Armed Forces and government service.
Long and short forms are both routinely available when you register a birth in Britain, and I suspect that what you have is the consular registration.
There will be a record of previous nationality in the records of that country (unless it's suffered a complete breakdown), so although it might be a PITA to order duplicate documents proving the relinquished nationality was previously held it should be possible.
Presumably the relinquished nationality is also on the original birth certificate issued by the authorities of the country of the place of birth? (You cannot get any British documents without the local birth certificate).
If the child was born outside of the U.K., then it will not have the automatic right (like a lot of expat British children) to pass on the nationality if they themselves have children abroad. Just one of the vagaries of the system, and nothing that having a consular birth certificate can change or your own original change in nationality subsequently. The birth certificate for the country they were born in will be the one that matters in the end, as this is their primary BC.
I was born abroad to a UK parent and none UK parent, I have a UK birth certificate, am a British Citizen and have a British passport. My birth certificate clearly states my place of birth. I have never had any issues and the only two I can think of is I can't automatically pass on my citizenship to a spouse or child. The upside is DCs and I are entitled to dual nationality.
The process is that you receive your local birth certificate from the hospital, and then use that certificate to apply to your embassy for your country's certificate. (the country we live in now does not provide citizenship to any expats irrespective of birth/length of time spent there etc.)
DC's certificate certainly doesn't look any different to mine I don't think so it is not just a consulate record, it's a proper birth certificate.
Which was then used to apply for passport etc.
I guess I am just concerned that if there was any dispute later in life about DC's children not being entitled to british citizenship (due to the children being born outside of the UK, or whatever) then at least on his birth certificate there would be another EU country on there so there would be more chance of that country instead providing the DCs with a passport! Whereas just now there is not and as we are have relinquished all documents relevant to that country there is no benefit in later life to be connected to it.
If that makes sense. I think It's actually possible in the future for expat children of children to become stateless I guess as equally there is no given right for your 'home' country to provide you with a passport when you left so long ago and have no connection to it really.
Old country: Asian
New Country: EU
A UK birth certificate is ALMOST identical to a consular certificate but they are NOT The same. Try googling and spot the differences.
Birth certificates are obtainable ONLY from country of birth.
Your DC's children will NOT be British, as they are born abroad, unless you are on government duty abroad, or unless they return to live in the UK for a period of time, or unless the children are born in the UK. That's a short summary. From the info provided, your children are British by DESCENT and therefore don't automatically pass on their British nationality.
If the formerly Asian parent has been naturalised into an EU nationality, then getting that EU passport for their offspring would be subject to the rules of that EU country, which would know the date of naturalisation and whether it qualified all DC or only those born after naturalisation, or some other arrangement. The original birth certificate of the country of birth would be required for that, rather than the registration supplied by the British consulate.
And indeed it is possible that if a birth certificate, relating a birth before the nationality had been acquired, showed the new nationality it might complicate and delay things.
But you probably need to get the advice of a proper immigration/nationality lawyer (ideally familiar with the countries concerned) to offer a view you know to be well-informed.
Your dc's children can't pass on their UK nationality anyway, regardless of the nationality or former nationality of their parents. Their children will either be nationals of the country they are born in or of their other parent.
Nothing you can do to change that. Your children will always be UK though.
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